Supervisory Jurisdiction Of HC Doesn't Extend To Correcting All Errors In Order Of Administrative Tribunal: Kerala High Court

The Kerala High Court refused to interfere with State Administrative Tribunal's order which upheld the transfer of a teacher, reiterating that supervisory jurisdiction under Article 227 of the Constitution cannot be exercised to correct all errors in the order of the Administrative Tribunal. Referring to various decisions, a division bench of Justice Anil K Narendran and Justice Muralee...

Making Interim Bail Of Accused 'Absolute' Due To Illegal Arrest Not Valid, Renders Subsequent Lawful Arrest Impossible: Kerala High Court

The Kerala High Court recently held that making absolute an order of interim bail granted to an accused on a finding that his arrest was illegal would make it impossible for the investigating agency to arrest him subsequently in a lawful manner. It found that such orders are wrong and have no legal effect.Justice A. Badharudeen observed that a finding of illegal arrest would relegate an...

Income Tax Act | To Claim Deduction U/S 54F, Assessee Must Show Intention To Repay Borrowed Funds With Capital Gains: Kerala HC

The Kerala High Court stated that to claim the Section 54F deduction under the Income Tax Act, the assessee must satisfy the authorities that borrowed funds were used at their own risk with the intention to be repaid with capital gains. Section 54F of the Income Tax Act, 1961, allows a tax exemption on capital gains earned from selling a residential property, but only if certain...

Identification Of Accused In Court Is Substantive Evidence, Mandatory Even If Witness Personally Knows Accused: Kerala High Court

The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification. It was alleged that the accused, in furtherance of their...

Corrections Made In Basic Tax Register After Re-Survey Prior To Enactment Of Paddy Land & Wetland Act Are Valid: Kerala High Court

The Kerala High Court held that corrections made in the Basic Tax Register (BTR) pursuant to re-surveys conducted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, are valid and do not require compliance with Section 27 A of the Act.For context, Section 27 A of the Act prescribes that if any owner of an unnotified land desires to utilise such land...

Kerala High Court Orders Erasure Of Case Records Relating To Man Acquitted Of Offence Committed As Minor

The Kerala High Court recently directed the state government, the Director General of Police and the Station House Officers (SHO) to erase all police records and details before the Juvenile Justice Board in a case where a minor was the accused.Justice Shoba Annamma Eapen was considering a plea by a man for erasure of all records relating to the case in which he was arrayed as the 5th accused...

S.473 CrPC | Extension Of Limitation Must Be Upon Satisfactory Explanation Of Delay, Not Merely 'In Interest Of Justice': Kerala High Court

The Kerala High Court recently held that a court cannot extend period of limitation for prosecution of cases merely by stating that it is necessary in the interests of justice. Instead, the court has to be satisfied that delay has been properly explained before allowing an application for extending limitation period under Section 473 of the CrPC.Section 473 of the Code of Criminal...

Insurer Cannot Deny Compensation For Accident Involving Commercial Vehicle Merely Because It Didn't Occur In 'Public Place': Kerala HC

The Kerala High Court has recently held that an insurance company is liable to pay compensation when the accident is caused by a commercial vehicle, irrespective of whether the accident occurred in a public or private place.Justice Shoba Annamma Eapen was considering a motor accident claims appeal preferred by an owner cum driver of a JCB challenging the order of the tribunal, which had...

'Cabinet Can't Sit In Appeal Over HC': Kerala High Court Pulls Up LSGD Special Secretary In Contempt Plea By Disabled Librarian

The Kerala High Court on Monday (September 22) pulled up the Special Secretary to the Local Self Government Department (2nd respondent), while considering a contempt plea filed over non-compliance of an interim direction asking the Secretary to re-instate the petitioner, a person with disability, to the post of part-time librarian in Kaipamangalam Grama Panchayat.The writ petitioner, Bindu...

Kerala High Court Grants Bail To Youth Accused Of Intimidating Minor Despite 21 Prior Cases, Notes Probe Is Complete

The Kerala High Court has granted bail to a man accused of offences under Protection of Children from Sexual Offences Act, 2012 and ST/ ST (Prevention of Atrocities) Act, 1989 despite his being involved in 21 other criminal offences. As per prosecution, the Petitioner-accused repeatedly followed the 15 year old victim, contacted her through instagram, and later threatened her with a knife...

Kerala High Court Flags Hygiene Issues, Lack Of Maintenance In Chottanikkara Temple

The Kerala High Court recently suo motu impleaded Executive Director (Suchitwa Mission), Executive Engineer of Maramath Wing, Cochin Devaswom Board and Assistant Engineer, Chottanikkara Devaswom as additional respondents in a petition concerning lapses in cleanliness and maintenance in Chottanikkara Temple.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar...

Kerala High Court Asks Litigant Alleging Corruption In Lotteries Dept To 'Follow Up' Remedy Under RTI Act

A PIL was moved before the Kerala High Court alleging large-scale corruption and lack of transparency in the State Lotteries Department. The PIL was preferred by Babu K.M., a retired government official and mandalam president (Vytilla) of Indian National Congress.The petitioner had, in 2024, sought various information for the financial year 2023-24 from Public Information Officer of...